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Victoria Joseph v/s The Principal Secretary, Housing and Urban Development Department, Secretariat, Chennai & Others


Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = U74899DL1970GOI005276

Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = L74899DL1970GOI005276

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400MH2011PTC300616

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166069

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- E V P HOUSING CHENNAI PRIVATE LIMITED [Active] CIN = U45201TN2005PTC055469

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- N S T HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70109WB2001PTC093885

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- S K HOUSING DEVELOPMENT COMPANY PVT LTD [Amalgamated] CIN = U45201WB1990PTC048531

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- JOSEPH AND CO PVT LTD [Active] CIN = U01211KL1954PTC000507

Company & Directors' Information:- CHENNAI HOUSING LIMITED [Strike Off] CIN = U45201TN2010PLC076462

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- M S S HOUSING DEVELOPMENT INDIA LTD [Strike Off] CIN = U45201PB1991PLC011616

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- E R JOSEPH & CO PVT LTD [Strike Off] CIN = U28920WB1955PTC022404

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- R K URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223591

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- AMP URBAN INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164960

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- U R HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036764

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- A. B. URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U70100MH2015PTC267677

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- R & S HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70102TN2009PTC071067

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- PRINCIPAL HOUSING PRIVATE LIMITED [Active] CIN = U70102WB2014PTC202020

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

    W.P.(MD)No. 16410 of 2020

    Decided On, 20 November 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

    For the Petitioner: R. Karunanidhi, Advocate. For the Respondents: M. Rajeswari, Government Advocate.



Judgment Text

(Prayer:Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent nos.1 to 3 to release the petitioner's land with an extent of 1 Hectare 24 Ares in Survey Numbers:133/2A and 133/2B situated in Nilagiri Therku Thottam Village, Thanjavur Taluk, Thanjavur District earmarked for the “Proposed 100 feet ring road in the Thanjavur Master Plan” by treating the “Proposed 100 feet ring road in the Thanjavur Master Plan” as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 within a stipulated time that may be fixed by this Court.)Ms.M.Rajeswari, learned Government Advocate accepts notice for respondents. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.2. This Writ Petition has been filed seeking for a Mandamus, to direct the respondent nos.1 to 3 to release the petitioner's land with an extent of 1 Hectare 24 Ares in Survey Numbers:133/2A and 133/2B situated in Nilagiri Therku Thottam Village, Thanjavur Taluk, Thanjavur District earmarked for the “Proposed 100 feet ring road in the Thanjavur Master Plan” by treating the “Proposed 100 feet ring road in the Thanjavur Master Plan” as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 within a stipulated time that may be fixed by this Court.3. It is the case of the petitioner that she has been in enjoyment of the properties measuring an extent of 1 Hectare 23 Ares in Survey Number:133/2A and 2 Ares in Survey Number 133/2B situated in Nilagiri Therku Thottam Village, Thanjavur Taluk, Thanjavur District and she has also got patta, bearing patta no.2014 from the Revenue Department for the aforementioned land properties situated in Survey No.133/2A, 133/2B, 134/2A, 134/2B, 134/4A and 134/4B. It is also submitted by the learned counsel for the petitioner that the petitioner's land situated in Survey Nos.133/2A and 133/2B have been earmarked for the “Proposed 100 feet ring road in the Thanjavur Master Plan” in the year 1995 and the third respondent office had initiated proceedings and the first respondent had approved the same and published it in the official Gazette vide G.O.Ms.No.696 dated 09.08.1995 for 100 feet ring road in the Master Plan Scheme Road.4. Since no steps have been taken for acquisition, according to the petitioner, under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, the proposal for “Proposed 100 feet ring road in the Thanjavur Master Plan” made by the respondents is now lapsed. Therefore, the petitioner has filed the present Writ Petition seeking for the release of her lands situated in Nilagiri Therku Thottam Village, Thanjavur Taluk, Thanjavur District earmarked for the “Proposed 100 feet ring road in the Thanjavur Master Plan”. The petitioner has also submitted a representation to the second respondent office on 07.08.2020 requesting for the lease of the petitioner's property for getting approval. Till date, the said representation of the petitioner has not been considered by the respondents. In such circumstances, this writ petition has been filed.5. Ms.M.Rajeswari, learned Government Advocate appearing for the respondents, on instructions, agreed with the submissions made by the learned counsel for the petitioner.6. Heard Mr.R.Karunanidhi, learned counsel appearing for the petitioner and Ms.M.Rajeswari, learned Government Advocate appearing for the respondents.7. Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 reads as follows:-”Section 38: Release of land: If within three years from the date of the publication of the notice in the Tamil Nadu Government Gazette under Section 26 or 27-(a) no declaration as provided in sub-section (2) of Section 37 is published in respect of any land reserved, allotted or designated for any purpose specified in a regional plan, master plan, detailed development plan or new town development plan covered by such notice; or(b) such land is not acquired by agreement, such land shall be deemed to be released from such reservation, allotment or designation.”8. As seen from Section 38, it is clear that if within three years from the date of the publication of the notice in the Tamil Nadu Government Gazette under Sections 26 or 27 of the Act, no declaration as provided in sub-section (2) of Section 37 is published in respect of any land specified for Detailed Development Plan or such land is not acquired by agreement, the land shall be deemed to be released from such reservation, allotment or designation.9. In the instant case on hand, the third respondent office has earmarked and initiated proceedings and the first respondent had approved the same and had published in official Gazette vide G.O.Ms.No.696 dated 09.08.1995 for 100 feet ring road in the Master Plan Scheme Road. Later, the first respondent office has passed a Government Order in G.o.(2D) No.03 dated 11.01.2017 and released the nearby lands of the petitioner which are situated in Survey numbers 221/17, 223/1, 223/3. 234/2A, 234/8, 235/16 and 238/29. Till date, there is no further progress or development has taken place in this regard.10. After hearing the submissions made by the learned Government Advocate, it is seen that no steps have been taken for acquisition of the lands from the petitioner. Section 38 of the Act makes it clear that if no steps have been taken for acquisition of the lands within three years from the date of the publication of the notification in the Tamil Nadu Government Gazatte under Sections 26 or 27 of the Act, the land shall be deemed to be released from such reservation, allotment or designation.11. The learned counsel for the petitioner drew the attention of this Court to the following authorities in support of the Writ Petition:-1.The Commissioner Aruppukottai Municipality Vs. Kamakshi Shelty reported in 2011 (8) MLJ 437 in the Hon'ble Division Bench of this Court.2. A.Raja Vs. The Director of Town and Country Planning and others in W.P.(MD).No.15350 of 2016 dated 30.11.2016 in the Madras High Court.3. V.Nagamani and another Vs. Director of Town and Country Planning, Chennai and others reported in (2010) 2 MLJ 688 in the Madurai Bench of Madras High Court.12. In all the aforesaid Judgments, the Hon'ble Division Bench of this Court as well as the learned Single Judges of this Court have held following Section 38 of the Tamil Nadu Town and Country Planning Act that once no steps have been taken by the respondents within three years from the date of notification under Sections 26 or 27 of the Act, the land shall be deemed to released from such reservation, allotment or designation. In the case on hand, admittedly no steps have been taken to acquire the lands belonging to the petitioner, within a period of three years from the date of notification under Sections 26 or 27 of the Act. It is also submitted that pursuant to the proposal for a “Proposed 100 feet ring road in the Thanjavur Master Plan” by the respondents, the adjourning lands have also not been acquired.13. In the light of the above observations, Section 38 of the Tamil Nadu Town and Country Planning Act is attracted and this Court is in agree

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ment with the view taken by the Division Bench of this Court as well as the learned Single Judges of this Court referred to supra and comes to the conclusion that the subject lands should be released to the petitioner.14. In the result, the respondents are directed to release the petitioner's land measuring an extent of 1 Hectare 24 Ares in Survey Numbers:133/2A and 133/2B situated in Nilagiri Therku Thottam Village, Thanjavur Taluk, Thanjavur District under the “Proposed 100 feet ring road in the Thanjavur Master Plan” to the petitioner, as the proposal to acquire the said lands have been lapsed by virtue of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971. 15. With the aforesaid direction, this Writ Petition stands disposed of. However, there shall be no order as to costs.
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